Summary: We will not investigate this complaint about adult social care in a residential care home. This is because it is unlikely we would add to previous investigations or reach a different outcome.

The complaint

1. Ms B says the care provider acting for the Council provided poor care to her relative, Mr C, but she is being asked to pay for that care. Ms B says the Council called her shortly after Mr C died asking her to collect Mr C’s belongings from the care home, which was upsetting and the Council has denied it.

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The Ombudsman’s role and powers

2. We may investigate a complaint on behalf of someone who has died or who cannot authorise someone to act for them. The complaint may be made by:

• their personal representative (if they have one), or
• someone we consider to be suitable.

(Local Government Act 1974, section 26A(2), as amended)

3. Mr C has died, we have accepted Ms B as a suitable representative.
4. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service but must use public money carefully. We do not start or continue an investigation if we decide:

• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

5. I considered information provided by the complainant and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Mr C lived in a residential care home arranged by the Council. The Council remains responsible to meet Mr C’s adult social care needs, even though it has outsourced it to a care provider. The Council followed the right process to assess and meet Mr C’s care needs and keep it under review.
8. When the Council received concerns about Mr C’s care it investigated under its powers as the local safeguarding authority. The Council found no evidence of neglect or acts of omission by the care provider. The Council has also investigated and responded to Ms B’s complaint.
9. Mr C was responsible to pay for his care; this would usually include hospital stays to retain the room at the care home. The Council has offered a repayment plan if Ms B cannot pay the outstanding fees in one payment.
10. When considering complaints, we make findings based on the balance of probabilities. This means that we look at the relevant available evidence and decide what was more likely to have happened. Ms B says the Council made an inappropriate phone call, the Council says it did not. Although Ms B might have evidence of the timing of a phone call it will not show what was said.

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Final decision

11. We will not investigate Ms B’s complaint because it is unlikely we would add to investigations already undertaken or reach a different outcome.

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Investigator's decision on behalf of the Ombudsman